Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-31
Attorney for CoiAmonwe
STATE OF OHIO,
EXECUTIVE DEPARTMENT,
OFFICE OF THE GOVERNOR,
COLUMBUS, June 80, 1887.

OFFICE OF THE GOVERNOR,
COLUMBUS, June 30, 1887.
His ErceUency FGtshugh Lee, Gover-
nor Of Virginia, RichmORd, Va. !:
Dear Sir,-From my telegram Of
yesterday you will understand why
there has been delay in answering your
letter of the 18th instant. l note what
you say in that communication about
the constitutional provisions governing
extradition proceedings and our respect
i've duties on account thereof. 1t is
probable, if wew were TO 60 over the whole
ground, we would have no difference OF
opinion as to our duties in such mat
tiers. / attribute it, therefore, to over
sight nyourpart that you have omitted,
in stating the law of the case," to
call attention to the well-established
fact that the Executive upon whom
a demand is made by requisition for
the extradition of an alleged fugitive
from Justice is not mere ministerial
officer to issue warrant until after he
has first examined and determined for
himself whether or not the person
sought to be extrsdited is, as alleged, n
fugitive from justice, the regularity of
the proceedings, identity Of the person
sought to be extradited, etc.
But in this matter / have not at any
time thought about technical, legal, or
constitutional questions. l have only
sought TO do what have assumed you
would do under the same circum-
stances, and what l should be pleased
to have you do in any case where my
requisition might be presented to you
and such facts might come to your
knowledge as came to mine in this case,
to lead you to fear that l had been i'm
posed upon, as feared you had been,
in granting this requisition.
In ether words, / have as
sumed, and rightly 1 am sure,
that you would not desire to have any
abuse of this proceeding practiced, and
hence in my correspondence with you
heretofore / have spoken only of that
consideration. In several instances /
nave been lea to grant requisltlon
when. had l known all the facts as they
came subsequently to be developed, |
should not have granted it. In several
instances the Executives Of other States
have declined to issue warrants when
my requisition has been presented. In
each instance, however, it has been be-
cause facts had come to their knowledge
which had not been known to me,
which showed that the proceedings
were not in that good faith on which
they should always rest and l have
always taken it as kindness, and ap-
preciated il accordingly, when an abuse
has been prevented Of such proceedings,
although il involved the refusal 10
honor my requisition.
/ supposed you felt in regard to such
matters Just as / did, and as have here
endeayored to explain, and therefore /
did not hesitate to call your attention
to facts which seemed to me at the out
set, and still seem to me, to clearly in
dicate that this was case In which i
should not issue warrant.
When say am still OF this opinion
/ do not fail to remember the state
ment which You have kindly enclosed
me from the Commonwealth Attorney
Of Allegheny county. That statement
only shows what was testified to by
witnesses who appeared before the
grand jury, OF whom be says ]. +.
y 81 D. |